Flashcards in Aggravated Robbery - (with weapon) Deck (10):
Sec 235 (c) Crimes Act 1961
14 years imprisonment
1) Being armed with any offensive weapon
or anything appearing to be such an offensive weapon or instrument
3) Any person
The defendant is carrying the item or has it available for immediate use as a weapon.
Offensive Weapon - Sec 202A (1) Crimes Act 1961
An article made or altered for the use of causing bodily injury or intended by the person having it with him for such a use.
Not defined by statute but will include any item intended to be used as a weapon or to intimidate and overbear the victims will to resist.
Anything Appearing As Such
It must be proved both that the object appeared to be an offensive weapon or instrument to the victim and that the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon.
R v Bentham
A "thing" does no include a part of a person's body.
Theft accompanied by violence or threats of violence to any person or property, used to extort the property stolen or used to overcome resistance to the property being stolen.